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Women are
67%
more likely to
live in poverty
than white men in
Arizona
Single-woman led households are at the
highest risk
of poverty in
Arizona
In
Arizona
, women earn
$0.71
for every dollar a white man makes
Women in
Arizona
are
61%
more likely to earn
minimum wage
than white men
Women in
Arizona
are
47%
more likely to earn a
tipped wage
than white men
In
Arizona
, at least
72%
of women are essential to the financial security of their household
An employer shall not pay any person at wage rates less than the rates paid to employees of the opposite sex in the same establishment for the same quantity and quality of the same classification of work.[1]
a. Affirmative Defenses: Variation in rates of pay are allowed based upon a difference in seniority, length of service, ability, skill, difference in duties or services performed, whether regularly or occasionally, difference in the shift or time of day worked, hours of work, or restrictions or prohibitions on lifting or moving objects in excess of specified weight, or other reasonable differentiation, factor or factors other than sex, when exercised in good faith.[2]
b. Retaliation: Arizona’s equal pay law does not include an express anti-retaliation provision but employers are prevented from or retaliating against you for disclosing in a reasonable manner that your employer is or will violate the statutes of the state, including the wage discrimination provisions.[3]
[1] Ariz. Rev. Stat. § 23-341 (2022).
[2] Id.
[3] Ariz. Rev. Stat. § 23-1501 (2022).
Yes. The law limits the broad affirmative defense of “any factor other than sex” to circumstances when they are “exercised in good faith.”
No. Arizona does not mandate any form of employer pay disclosure.
No. Arizona does not prohibit employers' use of salary history in hiring and setting pay.
No. However, under federal law private sector employers generally cannot prohibit employees from discussing wages, with some exceptions such as supervisors.[1]
[1] Your Right to Discuss Wages, Nat’l Lab. Rels. Bd., https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages (last visited Jan. 28, 2022); see 29 U.S.C. §§ 151-169.
No. Arizona does not require employers to collect, report, or assess gender-based pay data.
Yes. The state minimum wage exceeds federal minimum wage and is indexed, meaning it increases annually with increases in inflation.[1]
[1] Ariz. Rev. Stat. § 23-363.
No. The state still allows for payment of a subminimum wage in certain industries, including tipped industries.[1]
[1] Ariz. Rev. Stat. § 23-363.
Yes. Employers are generally required to pay employees at least semi-monthly, no longer than sixteen days apart.[1]
[1] Ariz. Rev. Stat. § 23-351 (2022).
No. Arizona does not require employers to give workers written notice of their pay.
No. However, public employees shall be compensated at one and one-half the regular rate or one and one half hours of compensatory time off for each hour worked; if federal law does not mandate overtime compensation, public employees shall receive regular rate of pay or compensatory leave on an hour by hour basis.[1] For other workers, Arizona does not have a state overtime law, so the federal law governs. Covered nonexempt employees must receive overtime pay for any time worked beyond 40 hours in a workweek (any fixed and regularly recurring period of 168 hours—seven consecutive 24-hour periods) at a rate no less than time and a half at the regular rate of pay.[2]
[1] Ariz. Rev. Stat. § 23-391 (2022).
[2] 29 U.S.C. § 207 (2020).
Yes. Workers can initiate a civil action against an employer or former employer and recover an amount that is three times the amount of the unpaid wages[1] and attorneys’ fees.[2] Alternatively, an employee may file a written claim with the department for unpaid wages against an employer if the amount of such wages does not exceed $5,000 and if such claim is filed within one year of the accrual of such claim.[3]
[1] Ariz. Rev. Stat. § 23-355 (2022).
[2] Ariz. Rev. Stat. § 12-341.01 (2022).
[3] Ariz. Rev. Stat. § 23-356 (2022).
